Cooperation-Competition Of The Claims Of Contracts' Breach And Infringement

China has become precedentless vibrant in its business activities with the rapid development of China economy. The market economy provides China's civil law and mercantile law with a precedentless foundation for development. Chinese people's awareness of rights has been intensified from basic understanding. The contracts, especially the civil contracts whose main bodies are individual consumers, and the various infringement acts of person and personality, express their practical significance in terms of the close relation with people's life and the important connection with their own interest. Based on the background hereinbefore, I select my paper's topic as the Cooperation-Competition of the Claims of Contracts' Breach and Infringement. The most disputable point of Cooperation-Competition of the Claims of Contracts' Breach and Infringement is that the realization of obligee's claim is directly affected by the difficulty of their obligation to give proof which is related to the different cooperation-competition of components and indemnity scope for various regulation of contracts and infringement regulations, although these claims are consistent in the giving contents and aims. Through the comparison of three theories' development, it is considered that our understanding of cooperation-competition has changed from abnormal law phenomena to reasonable law phenomena, on which we should find a feasible solution both in theory and practice for rights protection to eliminate the difference caused by the two regulations and realize the best effect of parites' rights protection by the most convenient method.This paper emphasizes the analysis of the difference between breach regulations and infringement regulations in rights' protection, which, in my opinion, is caused by the difference between the aims and principles of contract law and infringement regulations. Then, though there's the cooperation-competition of breach and infringement, the difference between these two claims is inevitable and is hard to eliminate for the time being. Whereas that the cooperation-competition of these two claims is to protect the person, personality and property right, which is in accordance with the trend of civil law's right protection, it's a reasonable phenomenon that parties may choose two claim rights, and it also embodies the value of the cooperation-competition. In order to insurance the interested party' rights protection, it should allow them to keep the right to choose the different right of claim. Nevertheless, In order to solve this kind of situation – various results from claim rights' realization is caused by the different scopes of claim rights, it had better to reduce the chance to choose by force, and instead of enhancing one right of claim. After analyzing this kind of phenomena in this paper, non-property indemnity for damages has been included in contract indemnity in recent years, I think, the adoption of non-financial indemnity for damages in contracts still need to fit the contract principles. Then, non-property indemnity for damages can be included in the infringement claims thoroughly when breach claim and infringement claim cooperate-compete with each other. Therefore, considering the change and development trend of contract laws and infringement laws, this pattern has its reasonability, and has a longer life.